Johnston v. Diaz et al
| Jeremiah M. Johnston |
| RJD Employees and CDCR Staff at RJD, Ralph Diaz, S. Chat, Pat Cavello, Lt. Rodriguez, -, D. Hough, Scott Kernan, Daniel Paramo, M. Voong, Jane/John Does 1 through 6 and D. Jaime |
| 3:2019cv00616 |
| March 29, 2019 |
| US District Court for the Southern District of California |
| Anthony J Battaglia |
| Barbara Lynn Major |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 pr |
| None |
Docket Report
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This docket was last retrieved on September 21, 2020. A more recent docket listing may be available from PACER.
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Filing 9
ORDER granting #8 Motion for Extension of Time to File Amended Complaint. Plaintiff is granted an extension of time to file his Amended Complaint which is now due by 7/25/2019. (All non-registered users served via U.S. Mail Service)(no document attached) (sc)
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| Filing 8 MOTION for Extension of Time to File by Jeremiah M. Johnston. (jms) |
| Filing 7 CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that judgment is the Court: 1. GRANTS Plaintiff's Motion to Proceed IFP pursuant to 28 U.S.C. 1915(a) (Doc. No. 2). 2. ORDERS the Acting Secretary of the CDCR, or his designee, to collect from Plaintiffs trust account the $12.87 initial filing fee assessed, if those funds are available at the time this Order is executed, and forward whatever balance remains of the full $350 owed in monthly payments in an amount equal to twenty percent (20%) of the preceding month's income to the Clerk of the Court each time the amount in Plaintiff's account exceeds $10 pursuant to 28 U.S.C. 1915(b)(2). 3. DIRECTS the Clerk of the Court to serve a copy of this Order on Ralph Diaz, Acting Secretary, CDCR, P.O. Box 942883, Sacramento, California, 94283-0001. 4. DISMISSES this civil action sua sponte pursuant to 28 U.S.C. 1915(e)(2)(B) and 1915A(b) for failing to state a claim upon which 1983 relief can be granted. 5. GRANTS Plaintiff forty-five (45) days leave from the date of this Order in which to file an Amended Complaint. 6. DENIES Plaintiff's Motion for Preliminary Injunction (Doc. No. 5).(All non-registered users served via U.S. Mail Service)(acc)(jrd) |
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Filing 6
ORDER: 1) Granting #2 Motion for Leave to Proceed in Forma Pauperis; 2) Denying #5 Motion for Preliminary Injunction; and Dismissing Civil Action Sua Aponte for Failing to State a Claim Pursuant to 28 U.S.C. 1915(e)(2)(B)(ii) & 1915A. The Court GRANTS Plaintiff forty-five (45) days leave from the date of this Order in which to file an Amended Complaint. Signed by Judge Anthony J. Battaglia on 4/29/2019. Copy of order sent to Ralph Diaz via U.S. Mail. (All non-registered users served via U.S. Mail Service)(acc)(jrd)
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Filing 4
Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia Accepting re #1 Complaint,, from Plaintiff Jeremiah M. Johnston. Non-compliance with local rule(s): Initial case filings (42 U.S.C. 1983 Complaint, Motion to Proceed In Forma Pauperis, etc.) exceed the page limitations set by S.D. Cal. CivLR 8.2(a) and S.D. Cal. General Order 653A, and are not accompanied by a properly supported Motion to Exceed page limitations or Motion for Emergency Relief from General Order 653A.;Initial case filings (42 U.S.C. 1983 Complaint, Motion to Proceed In Forma Pauperis, etc.) received by U.S. Mail and not properly e-filed in accordance with S.D. Cal. General Order 653A. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. Signed by Judge Anthony J. Battaglia on 4/5/2019.(All non-registered users served via U.S. Mail Service)(jms)
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| Filing 3 Prisoner Trust Fund Account Statement by Jeremiah M. Johnston. (jms) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Jeremiah M. Johnston. (jms) |
| Filing 1 COMPLAINT against Pat Cavello, S. Chat, Ralph Diaz, Jane/John Does 1 through 6, D. Hough, D. Jaime, Scott Kernan, Daniel Paramo, RJD Employees and CDCR Staff at RJD, Rodriguez, M. Voong, filed by Jeremiah M. Johnston.($400 Filing Fee, Fee Not Paid, IFP Filed) (Attachments: #1 Civil Cover Sheet)The new case number is 3:19-cv-616-AJB-BLM. Judge Anthony J. Battaglia and Magistrate Judge Barbara Lynn Major are assigned to the case.[Case in Screening per 28 USC 1915] (jms) |
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